I (the Applicant and any parents or legal guardians signing below) submit this Membership Application and Agreement (Agreement) to Seattle Kendo Kai (SKK), a Washington nonprofit corporation. The above information is true and correct. I agree to the following:
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1. SKK Authority to Determine Membership; Membership Application and Agreement. The SKK Board of Directors has sole discretion to determine Applicant’s standing as a member. Members have no voting rights.
2. Payment of Dues and other Expenses; Reimbursement. I will pay all dues on a timely basis, including dues owed to SKK, the Pacific Northwest Kendo Federation (PNKF), and the All United States Kendo Federation (AUSKF). I will also promptly pay any fees necessary for Applicant to participate in any tournaments, promotional examinations, seminars, or other events in which Applicant seeks to participate. If SKK advances these costs for Applicant, I will promptly reimburse SKK. Dues are subject to change. For any new membership year, I may be required to enter into a new Agreement (as it may be amended in the future) in order to continue the Applicant’s membership. If the Applicant is younger than 18 years old when the Applicant first becomes a member, the Applicant will sign and submit a new Agreement when Applicant becomes 18 years old.
3. Providing Equipment. I am responsible for providing any equipment or supplies Applicant might need to participate in any SKK practice or event, or other Kendo Event (defined below). I will keep clean and properly maintain any equipment I borrow from SKK.
4. Complying with All Rules. Applicant will comply with all of SKK’s rules and policies (which may change) and the terms of this Agreement. If Applicant fails to comply, then I understand Applicant may lose Applicant’s SKK membership. Applicant will also comply with all PNKF and AUSKF rules and policies, and is subject to the regulations and rules of those organizations.
5. Assumption of Risk. Although SKK desires to provide a safe environment for practice and other Kendo Events, I understand accidents and injuries can still happen. Kendo, iaido, and jodo are martial arts, and I understand the risks and dangers involved in participating in kendo, iaido, and jodo. I know those risks include the risk of death and the risk of minor and serious personal injuries, including blisters, bruises, muscle strain and tears, tendonitis, joint injuries, infectious diseases, paralysis, brain damage, concussion, loss of vision or limb function, and permanent scarring and disability. I knowingly assume these risks every time Applicant participates in an SKK kendo or iaido practice or any other Kendo Event. Applicant will only participate in those SKK practices and other Kendo Events for which I believe Applicant is fit enough to participate. (If I am a parent or legal guardian signing below, then I will allow the Applicant to participate only in those SKK practices and other Kendo Events for which I believe Applicant is fit enough to participate.) The term Kendo Event means: (a) any kendo, iaido, or jodo practice, promotional examination, seminar, demonstration, tournament, or other event of SKK, any other PNKF member dojo, any AUSKF affiliated dojo, or any dojo of any kendo federation or organization that is a member of the International Kendo Federation (FIK), which includes the member dojos and regional federations (if any) of the Canadian Kendo Federation and the Hawaii Kendo Federation; (b) any kendo, iaido, or jodo practice, promotional examination, seminar, demonstration, tournament, or other event of PNKF, AUSKF, any regional federation that is a member of AUSKF, FIK, or any national kendo federation or association that is a member of FIK; and (c) any other SKK event or gathering, including the SKK picnic, year-end party, and other gatherings or events..
6. Medical Consent. I grant SKK permission to call 911 for emergency medical aid or to take Applicant to a physician or hospital for medical treatment, or both, if SKK or any of its instructors believe Applicant sustained an injury, or otherwise requires medical treatment. I give consent to any physician or emergency aid responder to administer drugs and perform any medical treatment that the physician or responder determines appropriate for the relief of pain or to preserve Applicant’s life or health. I assume all responsibility for all medical, rescue, transportation, and other expenses incurred on Applicant’s behalf. I will fully and immediately reimburse SKK for any of those expenses that SKK chooses to advance, in its sole discretion. SKK has no obligation to advance any expenses on Applicant’s behalf.
(Rev. February 11, 2023)
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7 Waiver and Release of Claims.
7.1 Definitions.
A. Claims means all claims, damages, fees, (including attorney fees), costs, expenses, and other liabilities, whether known or unknown, and whether existing now or arising in the future.
B. Kendo Releasees means SKK Releasees, PNKF Releasees, AUSKF Releasees, and Gym Releasees. SKK Releasees means SKK and its former, current, and future directors, officers, employees, volunteers, judges, agents, instructors, and members. PNKF Releasees means PNKF, its former, current, and future directors, officers, employees, volunteers, judges, agents, instructors, and members. AUSKF Releasees means AUSKF and its former, current, and future directors, officers, employees, judges, volunteers, agents, and instructors. The term AUSKF Releasees also includes each AUSKF regional federation and each member dojo within each federation, and each of the respective former, current, and future directors, officers, employees, volunteers, agents, instructors, judges, and members of each regional federation and dojo within each regional federation. Gym Releasees means St. Peter’s Episcopal Church (and any other owner of any property in which SKK conducts any Kendo Event) and its former, current, and future directors, trustees, officers, employees, members, and volunteers.
7.2 Waiver and Release of Claims. To the full extent permitted by law, I release the Kendo Releasees from all Claims that I may have now or in the future against any Kendo Releasee arising from any Kendo Event or the Applicant’s SKK membership, whether those Claims exist now or arise in the future, and I hereby waive all those Claims. This waiver and release of Claims is binding on me and on any other person who asserts any Claim through or on behalf of the Applicant. This Section 7.2 does not waive Applicant’s right to AUSKF medical insurance coverage (if any) provided to AUSKF members. This waiver and release does not apply to any Claim against a particular Kendo Releasee to the extent the Claim is caused by or arises from the gross negligence or intentional misconduct of that particular Kendo Releasee. This waiver and release continues to apply to all other Kendo Releasees. This waiver and release is in partial consideration of Applicant being permitted to be an SKK member and participate in SKK practices and other SKK Kendo Events.
8. Indemnification and Defense. Subject to the terms of this Agreement, and to the extent the waiver and release of Claims in Section 7 is not effective in whole or in part, then I will indemnify and defend the Kendo Releasees against all Claims that Applicant or I may assert against any Kendo Releasee, including paying all attorney fees, costs, and other expenses. This obligation to indemnify and defend does not apply to any Claim against a particular Kendo Releasee to the extent the Claim is caused by or arises from the gross negligence or intentional misconduct of that particular Kendo Releasee. This Section 8 does not apply to Applicant’s right to AUSKF medical insurance coverage (if any) provided to its members. This obligation to indemnify and defend is in partial consideration for Applicant being permitted to be an SKK member and participate in SKK practices and other Kendo Events.
9. Governing Law and Venue; Partial Invalidity. This Agreement is governed by the laws of the State of Washington, except for its conflict of laws provisions. Venue for any legal action related to this Agreement will be in the state or federal courts located in King County, Washington. I hereby submit to the personal jurisdiction of those courts. If any part of this Agreement is held to be invalid, illegal, or unenforceable, the remainder of this Agreement will be enforced to the full extent permitted by law.
10. Concussion Information. I have read and understand the attached information about concussions. Please read carefully before signing. This Agreement contains a release of claims and indemnification obligations.
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**If Applicant is under the age of 18, then the parents or legal guardians must sign the Parental Consent, Release, and Indemnification.
(Rev. February 11, 2023)
Parental Consent, Release, and Indemnification
A. Parent or Legal Guardian. I am the parent or legal guardian of the Applicant (or my child). I have the authority to enter into this Agreement on behalf of my child and anyone else who has legal rights regarding my child. If I am the only parent or legal guardian signing below, then I represent and warrant I am the only parent or legal guardian with authority to sign this Agreement on behalf of my child. I have read the above Agreement and agree to its terms, including the attached information about concussions.
B. Release of Claims. To the full extent permitted by law, I release the Kendo Releasees from all Claims that my child or I may have now or in the future against any Kendo Releasee. This release does not apply to any Claim against a particular Kendo Releasee to the extent the Claim is caused by or arises from the gross negligence or intentional misconduct of that particular Kendo Releasee. This release is binding on me and my personal representative, estate, and heirs; any other person with rights regarding my child; and my child, to the maximum extent permitted by law. This release is in partial consideration for my child being permitted to be an SKK member and participate in SKK practices and other Kendo Events.
C. Obligation to Indemnify and Defend. To the extent the waiver and release of Claims in Section 7 or Section B is not effective in whole or in part, then I will indemnify and defend the Kendo Releasees against all Claims that Applicant or I may assert, including paying all attorney fees, costs, and other expenses. This obligation to indemnify and defend does not apply to any Claim against a particular Kendo Releasee to the extent the Claim is caused by or arises from the gross negligence or intentional misconduct of that particular Kendo Releasee. This obligation to indemnify and defend is in partial consideration for Applicant being permitted to be an SKK member and participate in SKK practices and other Kendo Events.
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Please read carefully before signing. This Agreement contains a release of claims and indemnification obligations.
